STATE OF FLORIDA, APPELLANT,

v.

MARK EDWARD CHIRIBOGA, APPELLEE

Citator

Cited By (21 total)

• Cordis Corp. v. Prooslin, 482 So. 2d 486 (Fla. 3d DCA 1986)
  …orcement of non-competition agreements by injunction. Injunctive relief has become the favored remedy in cases involving covenants not to compete. U.S. Floral Corp. v. Salazar, 475 So. 2d 1305 (Fla. 3d DCA 1985); Silvers v. Dis-Com Securities, Inc., 403 So. 2d 1133, 1137 (Fla. 4th DCA 1981). This favored status is recognized because money damages for breach of non-competition agreements are either not susceptible to proof with the required degree of certainty, Capelouto v. Orkin Exterminating Co., 183 So. 2d 5…
• Capraro v. Lanier Bus. Prods., Inc., 466 So. 2d 212 (Fla. 1985)
  …e was no showing of irreparable injury. The district court affirmed, holding that where such covenants are violated, irreparable injury is presumed and does not have to be proven. In doing so, the court relied on Silvers v. Dis-Com Securities, Inc., 403 So. 2d 1133 (Fla. 4th DCA 1981), which recognized inter-district conflict with Uni-Chem which held that [notwithstanding statutory right to in-junctive relief [see: § 542.12, Fla.Stat.], upon proof of a valid covenant not to compete said statutory provision do…
• Sarasota Bev. Co. v. Johnson, 551 So. 2d 503 (Fla. 2d DCA 1989)
  …lleagues on the fourth district have also addressed the presumptions involved, the shifting burdens of proof and the tests for reasonableness concerning preliminary injunctions regarding noncom-pete agreements in Silvers v. Dis-Com Securities, Inc., 403 So. 2d 1133 (Fla. 4th DCA 1981). That court said, among other things: The statute provides that an agreement not to compete “within a reasonably limited time and area ...” is enforceable. Thus a prerequisite for enforceability is that the covenant appear on it…

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Authorities Cited

• State v. Benitez, 395 So. 2d 514 (Fla. 1981)